We are also working to answer questions about the law relating to the COVID-19 situation. We are sharing updates about changes to government programs and court services as we get them. We are working to keep this page current and add content. Please get in touch with us if you know about law updates that are not listed here yet, or if you find content that is not current.

Government

Nova Scotia government

You can find all the COVID-19 measures taken by the Nova Scotia government on the government’s website at novascotia.ca/coronavirus. The site has information about the state of emergency, closure of schools and public places, support for individuals, families and businesses, and other topics. You can also find information about preparing to reopen here: https://novascotia.ca/reopening-nova-scotia/

Nova Scotia municipalities

Many Nova Scotia municipalities have adapted service delivery (e.g. transit) in light of COVID-19 and they have made their own orders (e.g. ordering municipal parks closed, restricting trail use) and may be offering alternative payment options, including deadline extension, for tax bills.

Information about the Canada Emergency Response Benefit

The Canada Emergency Response Benefit (CERB) provides up to $500 a week for up to 16 weeks for workers who cannot work due to COVID-19. This includes self-employed individuals, contract workers, and seasonal workers (even though they may not have stopped working due to COVID-19).

Not sure if you are eligible for the CERB? Contact the Canada Revenue Agency (CRA) at 1-833-966-2099 or Service Canada at 1-833-699-0299. You can also read these CERB Questions and Answers to find out if you are eligible.

You may be eligible for CERB if you are:

at least 15 years old and a resident of Canada

quarantined or sick with COVID-19

taking care of a family member who is sick with COVID-19

a working parent(s) staying home without pay to take care of children due to school or daycare closures

still employed but have been asked to stay home by your employer because there is not enough work

You must have made at least $5,000 in 2019 or in the previous 12 months before your application. This can include income from employment, self-employment, or EI maternity or parental leave benefits.

You can also get CERB if you are eligible for Employment Insurance regular or sickness benefits (you will get the CERB in place of your EI benefits), or if you have used up your EI benefits before October 3, 2020.

You are not eligible for the CERB if you:

Voluntarily quit your job

Made more than $1,000 for at least 14 consecutive days within the 4-week period of your claim, or more than $1,000 every 4-weeks for each subsequent claim you make

How do I apply for the CERB?

You can apply for the CERB through either the Canada Revenue Agency (CRA) or Service Canada. Do not apply through both. You can fill out a quick survey on the Government of Canada website to find out if you should apply though Service Canada or the CRA.

What documents do I need to apply for CERB?

You will need to provide your personal contact information, your Social Insurance Number, and confirm that you meet the eligibility requirements. You don’t need medical proof that you are in quarantine or sick from COVID-19 if that is the reason you are applying for CERB. You don’t need to provide a record of employment.

Can I get CERB if my employer asks me to work again?

You can earn up to $1000 every four weeks and still get CERB. If you are within this limit, you can still access CERB if you are asked to start working some hours again. Money from student loans, bursaries, or pension is not included in this $1000.

Can I get CERB if I was on parental or maternity benefits and now can’t work due to COVID-19?

You cannot get both EI parental or maternity benefits and CERB at the same time. However, if your maternity/parental benefits have ended and you now can’t return to work because of COVID-19, you can apply for the CERB.

How do maternity benefits work with the CERB?

If you are pregnant and lost your job before March 15, if you are eligible you should receive regular EI benefits until your child is born. Once your child is born this will change to maternity or parental benefits. If you are pregnant and lost your job after March 15, if you are eligible for EI or CERB you should receive CERB until your child is born. Once your child is born this should change to parental or maternity benefits.

Some pregnant women received EI payments when they should have received CERB payments. Starting May 8, 2020, the government will retroactively make up the difference between the lower amount you received under EI and the $500 per week you should have received through CERB. If you received more than $500 per week through EI, the extra money will not be taken back. You will be given the $500 per week amount going forward.

What if I received CERB but find out later I don’t qualify?

To receive the CERB, you have to promise in your application that you meet the eligibility criteria. Right now the government is not asking for any documents to make sure your information is true. Your application will be reviewed later on to make sure that you did meet the eligibility criteria for the CERB. If the government decides you didn’t qualify, you may have to repay the CERB money. The government has suggested that they may use the tax system to sort out incorrect payments next year.

Do I have to pay taxes on the CERB amount I receive?

Yes, the CERB is a taxable benefit. When you fill out your income tax return next year, you will have to list the CERB money as income. This means you will likely have to pay back part of the CERB money you receive as part of your taxes. This is different than Employment Insurance where tax is generally taken off before you receive the money.

Should I apply for CERB or EI benefits?

The important date to remember is whether you lost your job before or after March 15, 2020. If you lost your job before March 15, you should apply for EI regular benefits. Your application will be treated as a normal EI application.

If you lost your job after March 15 due to reasons other than COVID-19, you should apply for EI regular benefits though your application will be treated as if you applied for CERB.

If you lost your job after March 15 due to COVID-19, you should apply for CERB.

Do not apply for both CERB and EI benefits. If you do apply and receive both, you will have to repay the CERB amount.

If you are applying for other EI special benefits (maternity, parental, caregiving, fishing, and work-sharing), you should apply as normal. Your application will be treated as a normal EI application.

Can I get both EI and the CERB?

You cannot get both EI benefits and the CERB at the same time. If you apply and receive both EI and CERB, you will have to repay the CERB amount. If your EI benefits end before October 3, 2020, you may qualify for the CERB.

What if I normally get more or less through EI benefits than the amount provided by CERB?

All EI applications starting on March 15, 2020 are treated like CERB applications. If you normally receive more or less money through EI than the amount you receive through the CERB, you will still receive the amount provided by the CERB ($500/week).

Can I apply for EI if I have used all of my CERB funding?

The CERB provides $500 a week for up to 16 weeks. If you can’t find work or return to work after this period of 16 weeks, you may be eligible for EI regular benefits. See here for EI eligibility criteria.

Nova Scotia Worker Emergency Bridge Fund

The Worker Emergency Bridge Fund is a one-time payment of $1,000 available to Nova Scotians who have been laid off or out of work because of COVID-19, who don’t qualify for EI. It can be combined with the CERB.

You are eligible for this fund if you are:

A Nova Scotia resident

At least 18 years old

Were employed and laid off because of COVID-19 starting March 16, 2020

Were self-employed and lost all income because of COVID 19 starting March 16, 2020

Returning to work and Workplace COVID-19 Prevention Plans

Nova Scotia is starting to reopen and we must work together to make that happen as safely as possible for everyone. It is a team effort to minimize exposure and maximize workplace health and safety.

If your employer has met provincial safety requirements and has asked you to return to work, generally you are expected to return to work. Each workplace is different though, so what might be appropriate in one workplace or for one employee might not work in another workplace or for all employees.

Your employer must make their Workplace COVID-19 Prevention Plan available to employees when asked so that employees can review it.

Talk with your employer if you have concerns or questions about the employer’s plan to prevent the spread of COVID-19. For example, you might want to ask your employer about how physical distancing rules will be implemented, increased cleaning around the workplace, whether protective equipment such as masks will be provided, and about how and when employee training around safe practice guidelines will happen.

Housing

I've lost income due to COVID-19. Can I be evicted if I can't pay my rent?

The Nova Scotia government has said the following:

There will be no rental evictions due to rental arrears for three months for people whose income has been affected by COVID-19.

During this time all tenants are expected to pay their rent. If a tenant has had their income affected by COVID-19, we encourage landlords and tenants to discuss circumstances to see if an arrangement can be worked out. This change will give tenants time to benefit from recently announced federal and provincial financial aid.

If an arrangement cannot be made, landlords may file for non-payment of rent once the Access Centres counter services reopen. If the tenant or landlord identifies that the tenant’s income has been affected by the COVID-19 pandemic, the hearing will not be scheduled until after June 22, 2020 (three months from the provincial government’s announcement).

At the hearing, the tenant will be asked to provide proof that their income has been affected by the COVID-19 pandemic. When the hearing is held and if the eviction is granted, the order will reflect all outstanding rent owing.

At the hearing, the tenant will be asked to provide proof that their income has been affected by the COVID-19 pandemic. When the hearing is held and if the eviction is granted, the order will reflect all outstanding rent owing.

Nova Scotia Residential Tenancies hearing updates

In-person service

The Access Nova Scotia Centres have suspended their front counter service until further notice. New applications will be reviewed and scheduled for emergency residential tenancy hearings only. This measure will help reduce direct contact between our staff and clients as the application process requires in person contact. Hearings already scheduled will move forward.

Process for Emergency Hearings

We understand that some new hearings must continue. During this time, we will make provisions for hearings that are deemed to be an emergency.

The following situations will be assessed for emergency hearings consideration:

Tenants applications regarding:

Discontinuation of water, heat, electricity or any other essential service

Other situations affecting the standards of health and safety

Landlord applications regarding:

Tenant behaviour/actions that affects the safety of other tenants, landlords and/or landlord employees or landlord property

We will also be accepting applications where the one-year time frame of when the tenancy ended is within one month. These applications will be accepted to enable landlords and tenants to meet the one-year application cut-off in the Residential Tenancies Act. These applications will be accepted and scheduled at a later time.

If you feel your situation meets one of the criteria above, please call 1-800-670-4357, whereby someone will assist you with your application.

Process for hearings already scheduled

Scheduled hearings will continue to be held over the telephone. Although we have added telephone conference lines and continue to identify ways to improve, there have been issues with the toll-free telephone lines not working. Our Residential Tenancy Officers have the capacity to call parties directly to link into the hearing. We are encouraging all parties having issue connecting to the toll-free number to send an email or leave a voicemail on their assigned Residential Tenancy Officer’s direct telephone line and the officer will assist them in connecting to the call. In situations where both parties are not present the hearing will be postponed.

We encourage you to keep informed of the contingency planning processes in place for other organizations involved in the execution of a Directors Order such as the Small Claims Court and Sheriff’s department.

Mortgage payments

Many banks, and credit unions, including Credit Union Atlantic, have said they will offer special measures for clients on a case-by-case basis for their mortgage payments. This includes deferred payments. Interest may still build up on the balance though, so ask about that. Since every situation differs, it is best to get in touch with your bank or credit union directly.

Managing financial health in challenging times

Income tax

The Government of Canada announced flexibility measures for taxpayers. This means the due date for filing individual tax returns has been extended to June 1, 2020, and you can pay any balance owing to the Canada Revenue Agency, without penalty, by September 1, 2020. Filing deadlines for businesses and charities have also been extended. You can get more information from the Canada Revenue Agency here.

It is still a good idea to file your taxes as early as you can if you expect a refund or want to make sure child benefits or other credits get properly calculated and applied.

Changes in RRIF minimum withdrawals

The Government of Canada’s Covid-19 Economic Response Plan included a temporary reduction (2020 only) in the minimum Registered Retirement Income Fund (RRIF) withdrawal amounts. If you are a retiree withdrawing the minimum from your RRIF or Defined Contribution Pension Plan and would prefer to withdraw less this year due to the significant decline in the stock market, these measures may provide some relief.

The following questions and answers are provided to help financial institutions, RRIF annuitants, as well as sponsors and members of defined contribution registered pension plans and pooled registered pension plans, understand the changes: CRA and COVID-19 - RRIFs

Canada Child Benefit

The federal government will be providing an extra $300 per child through the Canada Child Benefit for 2019-2020, paid as part of the scheduled May payment. You do not need to re-apply if you are already get the Canada Child Benefit.

Special GST/HST credit payment

The federal government will be providing a one-time special payment to low and modest income individuals and and families through the Goods and Services Tax credit. You do not need to apply for this payment. If you are eligible, you will get it.

Financial help for students

Am I eligible for the Canada Emergency Student Benefit?

Not sure if you qualify for the Canada Emergency Student Benefit? Contact the Canada Revenue Agency at 1-833-966-2099

The Canada Emergency Student Benefit (CESB) helps students and recent graduates who are not eligible for the CERB or EI, and who cannot work, cannot find work, or who are making less than $1,000 a month because of COVID-19.

The benefit gives $1,250 every 4 weeks for eligible students, or $2,000 for eligible students who have a disability, or who have children or someone with a disability who depends on them.

The benefit is available for up to 16 weeks, from May to August 2020.

You are eligible for the CESB if all of the following apply to you:

You did not apply, receive, or qualify for CERB or EI benefits for the same period of time

You are a Canadian citizen, permanent resident, registered as an Indian under the Indian Act, or protected person

You are studying in Canada or abroad

You are enrolled in a post-secondary program (minimum 12 weeks in length) that will lead to a degree, diploma, or certificate

You completed or ended your post-secondary program in December 2019 or later

You finished or expect to finish high school/GED equivalent in 2020 and have applied for a post-secondary program that starts before February 1, 2021

And,

You can’t work because of COVID-19

You are looking, but can’t find work due to COVID-19

You are working but your income is $1,000 or less (before taxes) during the 4-week period you are applying for

You can apply through the Canada Revenue Agency starting May 15, 2020. There are specific days for you to apply depending on your situation. Complete the survey here to find out which day you should apply. You must apply before September 30, 2020.

The CRA is not checking to make sure you qualify before giving you the money. This means that you could get the money even if you don’t qualify. If that happens, they’ll make you pay back the money.

It may take months before the CRA can check everyone's eligibility. So make sure that you qualify before applying.

The CESB is a taxable benefit. You will have to record the amount you receive on next year's income tax return. You will receive a T4A tax slip for the amount you receive through the CESB.

See here for other government initiatives to help students during COVID-19.

What if I cannot pay my student loan right now?

Canada and Nova Scotia Student Loan payments have been suspended until September 30, 2020. You will not gain interest on your loan while your payments are suspended. The suspension is automatic - you do not need to apply. If you pay through pre-authorized debit payments, these will be suspended.

Courts and Legal Aid

Courts, court appearances

Nova Scotia courts are only dealing with urgent or essential matters.

If you are due in court and you have travelled recently or are experiencing symptoms you should contact your lawyer (if you have one) or contact the court right away to get instructions from the presiding judge.

have been directed by public health officials, 811, or your doctor to self-isolate.

You can get more detailed information about what is happening at all Nova Scotia courts here: courts.ns.ca

Some key court updates:

Electronic filing of court documents: Effective March 26, 2020, and unless a judge says otherwise, the Supreme Court, including the Family Division, will no longer accept hard copies of documents at courthouses, due to the risk of the COVID-19 virus. Instead, counsel and self-represented individuals should email or fax those documents that need to be filed in relation to urgent and essential matters.

What's an urgent family law issue during COVID-19? The Supreme Court Family Division has the following guidelines to help parents, families and lawyers understand what's likely to be considered urgent. Read the guidelines here.

Tickets and ticket fines: Nova Scotians will have more time to pay their fines & no one will be automatically convicted for not dealing with outstanding summary offence tickets during the COVID-19 crisis. Details here.

Nova Scotia Legal Aid

In an effort to reduce the need for Nova Scotians to go to courthouses, Nova Scotia Legal Aid will help any unrepresented people who need urgent changes to their Undertaking or Recognizance. Find out more here

NSLA has expanded its online family law chat service. NSLA has also expanded its family summary advice services by making it available by phone at all NSLA Offices that provide family law services. Details here.

Dalhousie Legal Aid

Please be advised that Dalhousie Legal Aid Service will be temporarily suspending many of our services due to the COVID-19 virus. We are implementing protocols that will see our physical office closed until April 6, 2020 or until further notice. Your matters are important to us, so our staff will be working off site to continue to represent individual and community-based clients. Please note your court matters may be delayed or adjourned but a staff member will contact you about making alternate arrangements. Other court matters are proceeding through teleconferencing. You may get direction from the court or DLAS staff member on how the matter will proceed.

Our Telelinks line, as well as outreach clinics will be suspended during this time. Our staff will be working off-site and can contact you via email to address your matters and concerns. If you have an urgent matter, please leave a voice message on our general line at 902-423-8105 and we will follow up as we are able.

We thank you in advance for your cooperation and understanding as we work with one another to address this public health issue. Remember we are all in this together!

What's an urgent family law issue during COVID-19? The Supreme Court Family Division has the following guidelines to help parents, families and lawyers understand what's likely to be considered urgent. Read the guidelines here.

Electronic filing of court documents: Effective March 26, 2020, and unless a judge says otherwise, the Supreme Court, including the Family Division, will no longer accept hard copies of documents at courthouses, due to the risk of the COVID-19 virus. Instead, counsel and self-represented individuals should email or fax those documents that need to be filed in relation to urgent and essential matters.

Family violence

If you are experiencing abuse at home, supports are still available during the pandemic to keep you and your children safe. Help is available. Please reach out. Do not feel that you must stay at home if it is not safe. Here is more information about Nova Scotia's Family Violence laws and resources.

If you have an emergency call 9-1-1.

Transition houses throughout Nova Scotia are providing shelter with government support, while still following public health advice. Contact the shelter nearest you or call 1-855-225-0220 toll free, day or night.

You can also contact 211 Nova Scotia - dial 2-1-1 or text 21167. They can help you find services in your community any time of day or night and any day of the year. They can help you in French or English. They can also help you through an interpreter in many languages.

2-1-1 can help you find:

a safe place away from an abuser

information or advice about the law

victim services to help when you need it.

Peace Bonds:

Here is information about applying for a peace bond ('no contact order') during the pandemic:

Discrimination including harassment against any persons or communities related to COVID-19 is prohibited when it involves a ground under the Act, in the areas of services, housing, employment, vocational associations and contracts.

The Act protects against discrimination based on 18 grounds, whether perceived or otherwise, including disability, ethnic origin, place of origin and race. The NSHRC’s position is that the Act’s ground of disability is engaged in relation to COVID-19, as it covers medical conditions or perceived medical conditions that carry significant social stigma. Depending on the situation other grounds may also apply.

Canadian Human Rights Commission

The Canadian Human Rights Commission (CHRC) is open and responding to questions and complaints. It has issued a COVID-19 statement that focuses on the importance of respecting human rights and protecting those who are most vulnerable in our society during this difficult time. Read the statement here.

Wills, Personal Directives

Making a will

A will is a legal document that lets you say what you want done with your estate after you die. Your estate is your house, land, and personal things like jewellery and artwork. A will also lets you name an executor, who is the person you name in your will to carry out your final wishes. A will has no legal effect until you die. A person who makes a will is called a testator.

Why make a will?

Making a will should give you peace of mind. A will makes it easier for family or friends to handle your affairs when you die.

There are many good reasons to make a will. A will lets you:

deal with your important things the way you want to,

give some or all of your estate to your common law partner. Without a will only married spouses and registered domestic partners inherit,

give something to a friend, a charity, stepchild, a relative through marriage, or to someone else you care about. Without a will only married spouses, registered domestic partners, blood relatives or legally adopted persons inherit,

Ways to make a will

Hire a lawyer to do your will. Lawyers usually charge a flat fee for doing a will and other estate planning documents. The cost will vary depending on how complicated your estate is. Talk to the lawyer about what you need, and they will tell you the cost. Here are some ways to find a lawyer, and ways a lawyer can help with a will. You will also need to talk with the lawyer about how the signing of the will can be witnessed given the rules about physical distancing, including whether that might be done remotely.

Do a holograph will. This is a handwritten will that is signed by you. A holograph will must be entirely in your own handwriting. Do not type anything on it. Do not let anyone else write on it. You do not need witnesses.

Basic things to include:

your full legal name

a statement that this is your will and that you are revoking any prior will

who you name as your executor

your wishes - who you want to get your estate

the date

your signature

3. Use a will kit. Use a kit that is valid in Nova Scotia.

Make sure that you sign your will at the end. You must sign it in front of two witnesses who must be present at the same time (this is different from a holograph will). If you cannot sign the will, you can ask someone to sign it for you in front of you and you must tell the two witnesses that the will is yours. Your two witnesses must also sign the will in front of you and in front of each other. The witnesses must be at least 19 years old. They must not be people who benefit from the will or be married to someone who benefits. The witnesses do not need to know what your will says.

When you are signing your will, you should put your initials on each page and number the pages so that pages cannot be replaced or removed from the will.

People often make mistakes when they do their own will. Mistakes can cause problems later for beneficiaries and can be expensive for the estate. If you decide to do a holograph will or use a do-it-yourself will kit, it is a good idea to make a formal will later with a lawyer when the public health rules have been changed to make it easier to do that.

What happens if I die without a will?

Nova Scotia has a law called the Intestate Succession Act. This law says what happens if a person dies without a will. Intestate means a person who dies without a will.

If you die without a will, or you have a will but it is not legally valid, your property is distributed to the people considered to be your nearest relatives as listed in the Intestate Succession Act. The rules are not flexible. The distribution may be different from what you would want.

The basic rules are:

If you are survived by your spouse and had no children all your property goes to your spouse

If you are survived by your spouse and you had one child, the first $50,000 goes to your spouse. The rest is equally divided between your spouse and child.

If you are survived by your spouse and more than one child, the first $50,000 goes to your spouse. One-third of the rest would go to your spouse, and two-thirds of the rest to your children.

If you are survived by your children, but no spouse, your whole estate would go to your children.

If you had no spouse or children, your whole estate would go to your nearest relatives by blood or adoption, by order of priority as listed in the Intestate Succession Act. Relatives by marriage are not included.

The government would inherit if you have no surviving relatives.

A surviving spouse will always get up to $50,000 from the estate. If your surviving spouse is not a joint owner of the family home, they may choose to take the home and household contents instead, or as part of, the $50,000.

It is especially important to make a will if you want your common law partner, stepchildren, or grandchildren to inherit something from your estate when you die.

Here’s why:

If you die without a will, only your surviving married spouse or registered domestic partner can inherit. Common law partners are not included. Your common law partner will not automatically inherit your property or money. Your common law partner may have to go to court to make a claim on your estate.

If you die without a will, only your biological and adopted children can inherit. Stepchildren are not included.

If you die without a will, your grandchildren will only inherit from your estate if their parent (your child) died before you.

If you and your spouse die at the same time or if you are a single parent when you die, someone will have to look after people who depend on you (a child, grandchild, or person with a disability). If you die without a will, or if you do not name someone in your will to look after your children or grandchildren, the court will have to appoint someone to do this. That person will be called your children’s guardian. A person must apply to court to be appointed. And the person the court appoints might not be someone you would have chosen.

If the court appoints a guardian to look after your children, it will also often state the terms of the guardianship. Those terms might not be what you would have chosen.

If you die without a will, there will be extra steps in the process of settling your estate, which can mean additional costs and delays. This may add to your family’s pain and distress. It will also mean that there will be less left to distribute.

Family members may disagree and argue about how you intended to distribute your property.

Someone will have offer to look after your estate. The person must apply and be appointed by a court as an administrator. That person may not be someone you would have chosen.

The intestate law also applies if you do not deal with all your property in your will. In this case you are said to die partially intestate. The part of your estate not covered in your will is distributed according to the Intestate Succession Act.

Making a Personal Directive for Health Care decisions

A personal directive is one of the greatest gifts you can give yourself and those who care about you. You must make your personal directive while you can still make decisions for yourself. You might not be able to make health care decisions for yourself at some time in the future. A personal directive can help to make sure that you get the care you want. It can help the people who care about you by letting them know what kinds of care you want.